CIVIL AVIATION: SUBSIDIARY LEGISLATION: CIVIL AVIATION (DANGEROUS GOODS) REGULATIONS

(section 89)

(23rd March, 2012)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

1. Citation

2. Interpretation

3. General application

PART II
Requirements for Carriage of Dangerous Goods

4. Approval or certificate required to carry dangerous goods

5. Application for certificate to carry dangerous goods

6. Application for approval to carry dangerous goods

7. Renewal of certificate to carry dangerous goods

8. Issue of duplicate certificate

9. Revocation of certificate or approval to carry dangerous gooc

10. Variation of certificate to carry dangerous goods

11. Validation of foreign certificate or approval

12. Prohibition of carriage of dangerous goods

PART III
Operators Obligations

13. Provision of information by operator to crew, etc.

14. Acceptance of dangerous goods by operator

15. Exemption

16. Method of loading by operator

16A. Packaging

16B. Labelling and marking

17. Inspections by operator for damage, leakage or contamination

18. Separation of dangerous goods

18A. Securing of dangerous goods

18B. Removal of contamination

19. Provision of information and training programmes

20. Provision of information to passengers

21. Provision of information in respect of cargo

21A. Dangerous goods by mail

PART IV
Shippers Responsibilities

22. Shippers responsibilities

23. Dangerous goods transport document

23A. Aircraft accident and incident

24. Provision of training

24A. Establishment of training programmes

24B. Approval of training programmes

PART V
Documents, Records and Enforcement Powers

25. Keeping of documents and records

26. Production of documents and records

27. Power of seizure and examination

27A. Compliance and enforcement

PART VI
General

28. Occurrence reporting

29. Pilot-in-command’s duty to inform air traffic services

29A. Dangerous goods security provisions

29B. Enforcement

30. Flying for agricultural, horticultural, forestry, etc.

SCHEDULE 1

SCHEDULE 2

S.I. 18, 2012,
S.I. 71, 2022.

PART I
Preliminary (regs 1-3)

1. Citation

These Regulations may be cited as the Civil Aviation (Dangerous Goods) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“acceptance checklist” means a document used to assist in carrying out a check on the external appearance of packages of dangerous goods and their associated documents to determine that all appropriate requirements have been met;

“approval” means an authorisation issued by an appropriate national authority for—

(a) the transport of dangerous goods forbidden on passenger or cargo aircraft where the Technical Instructions state that such goods may be carried with approval; and

(b) other purposes as provided for in the Technical Instructions;

“authorised person” means an employee of the Authority or any delegated person duly authorised as such by the Authority;

“cargo aircraft” means an aircraft which carries goods or movable property but not passengers and for purposes of these Regulations, the following are not considered to be passengers—

(a) crew member;

(b) operators employee permitted to be carried by, and carried in accordance with the instructions contained in the operations manual;

(d) a person with duties in respect of a particular shipment on board;

“consignment” means one or more packages of dangerous goods accepted by an operator from one shipper at one time and at one address, receipted for in one lot and moving to one consignee at one destination address;

“crew member” means a person assigned by an operator to duty on an aircraft during a flight duty period;

“dangerous goods” means any article or substances which are capable of posing risk to health, safety, property or the environment and are identified as such in the Technical Instructions;

“dangerous goods accident” means an occurrence associated with and related to the carriage of dangerous goods by air, which results in a fatal or serious injury to a person or major damage to property or environmental damage;

“dangerous goods incident” means an occurrence, other than a dangerous goods accident, which—

(a) is associated with and related to the carriage of dangerous goods by air, not necessarily occurring on board an aircraft, which results in an injury to a person, property damage, environmental damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained; or

(b) relates to the carriage of dangerous goods which seriously jeopardises an aircraft or its occupants;

“dangerous goods transport document” means a document specified by Technical Instructions which contains information about the dangerous goods being transported;

“exception” means a provision in these Regulations which excludes a specific item of dangerous goods from the requirements normally applicable to that item;

“exemption” means an authorisation other than an approval granted by an appropriate national authority providing relief from the provisions of the Technical Instructions;

“flight crew member” means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period;

“foreign operator” means an aircraft operator who holds an Air Operator’s Certificate issued otherwise than by the Authority;

“freight container” means a transport equipment for radio active material, designed to facilitate the carriage of such material, either packaged or unpackaged, by one or more modes of transport but does not include a unit load device;

“handling agent” means a person who performs on behalf of an operator, some or all of the functions of the operator including receiving, loading, unloading, transferring or other processing of passengers or cargo;

“ID number” means an identification number specified in the Technical Instructions for an item of dangerous goods which has not been assigned a UN number;

“local operator” means an aircraft operator who holds an Air Operator’s Certificate issued by the Authority; “operator” means the person having management of an aircraft at a particular time and includes both a local and foreign operator;

“overpack” means an enclosure used by a single shipper to contain one or more packages to form one handling unit for convenience of handling and stowage, but does not include a unit load device;

“package” means the complete product of the packing operation consisting of the packaging and its contents prepared for carriage;

“packaging” means the receptacles or any other components or materials necessary for the receptacle to perform its containment function and other safety functions;

“pilot-in-command” means the pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe conduct of a flight;

“proper shipping name” means the name used to describe a particular article or substance in shipping documents and notifications, and where appropriate on packagings;

“radioactive material” means a radioactive material as defined under the Radiation Protection Act (Cap. 24:03);

“serious injury” means an injury which is sustained by a person in an accident and which—

(a) requires hospitalisation for more than 48 hours, commencing within seven days the injury was sustained;

(b) results in a fracture of any bone, except simple fractures of fingers, toes or nose;

(d) involves injury to an internal organ;

(e) involves second or third degree burns, or any burns affecting more than five per cent of the body surface; or

(f) involves verified exposure to infectious substances or injurious radiation;

“shipper” means the person who consigns dangerous goods for carriage on an aircraft;

“State of Destination” means the country in the territory of which the consignment is finally to be unloaded from an aircraft;

“state of operator” means the State in which the operator’s principal place of business is located or, if there is no such place of business, the operator’s permanent residence;

“State of Origin” means the country in the territory of which the consignment was first loaded on an aircraft;

“State of Overflight” means the country in the territory of which an aircraft carrying dangerous goods flies over, but without landing;

“State of Transit” means the country in the territory of which an aircraft carrying dangerous goods passes through and lands but without offloading the dangerous goods;

“Technical Instructions” means the last effective edition in the English language of the Technical Instructions for the Safe Transport of Dangerous Goods by Air, approved and published by decision of the Council of the International Civil Aviation Organisation;

“UN number” means the four-digit number assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonised System of Classification and Labelling of Chemicals to identify an article or substance or a particular group of articles or substances; and

“unit load device” means any type of container or pallet designed for loading onto an aircraft but does not include a freight container or an overpack.

3. General application

(1) These Regulations shall apply to carriage of dangerous application goods where Botswana is a State of origin, State of Transit, State of Overflight or the State of Destination.

(2) The Standards and Recommended Practices of these Regulations shall be applicable to all international operations of civil aircraft.

(3) Where specifically provided for in the Technical Instructions, the Authority may grant an approval, provided that in such instances an overall level of safety in transport which is equivalent to the level of safety provided for in the Technical Instructions is achieved.

(4) In instances—

(a) of extreme urgency;

(b) when other forms of transport are inappropriate; or

the Authority may grant an exemption from the provisions of the Technical Instructions provided that in such instances every effort shall be made to achieve an overall level of safety in transport which is equivalent to the level of safety provided for in the Technical Instructions.

PART II
Requirements for Carriage of Dangerous Goods (regs 4-12)

4. Approval or certificate required to carry dangerous goods

(1) An operator shall not operate an aircraft carrying or loaded with dangerous goods unless—

(a) the operator holds a certificate or approval to carry dangerous goods issued by the Authority; and

(b) dangerous goods are carried or loaded in accordance with any conditions to which such certificate or approval shall be subject and in accordance with the Technical Instructions.

(2) Notwithstanding the requirements of subregulation (1), an article or substance—

(a) which would otherwise be classed as dangerous goods but which is required to be aboard the aircraft in accordance with the pertinent airworthiness requirements and operating procedures; or

(b) which is intended for specialised purposes or carried by crew and is identified in the Technical Instructions,

shall be exempted from the provisions of these Regulations.

(3) Where an article or a substance intended as replacements for those described in subregulation (2) or which have been removed for replacement are carried on an aircraft, they shall be transported in accordance with the provisions of these Regulations, except as permitted in the Technical Instructions.

(4) A passenger or crew member carrying a specific article and substance shall be exempted from the provisions of these Regulations to the extent specified in the Technical Instructions.

(5) Each contracting State shall—

(a) take the necessary measures to achieve compliance with the provisions contained in the Technical Instructions;

(b) comply with any amendment to the Technical Instructions which may be published during the specified period of applicability of an edition of the Technical Instructions.

(6) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5000 000, or imprisonment for a term not exceeding 10 years, or both.

5. Application for certificate to carry dangerous goods

(1) An operator who holds a valid Air Operators Certificate may apply to the Authority for a certificate to operate an aircraft carrying or loaded with dangerous goods in Form 1 set out in Schedule 1.

(2) Where the Authority is satisfied that the local operator is competent to carry dangerous goods safely and meets the requirements of these Regulations, it shall on payment of a fee specified in Schedule 2, issue the operator with a certificate to carry dangerous goods as set out in Form 2 of Schedule 1, subject to such conditions as the Authority may think fit.

(3) An operator who violates any condition to which the certificate is issued, commits an offence and is liable to a fine not exceeding P10 000, or imprisonment for a term not exceeding two years, or to both.

(4) An operator who provides false or forged information on an application under subregulation (1) commits an offence and is liable to a fine not exceeding P30 000, or imprisonment for a term not exceeding six years, or to both.

(5) A certificate to carry dangerous goods shall be valid for a period of 12 months from the date of issue.

6. Application for approval to carry dangerous goods

(1) An operator who wishes to operate an aircraft carrying or loaded with dangerous goods on ad-hoc basis shall apply to the Authority for an approval to carry dangerous goods in Form 3 set out in Schedule 1, and shall provide such information as the Authority may require and, in particular—

(a) details of the dangerous goods to be carried; and

(b) date on which dangerous goods are to be carried, destination and the type of aircraft to be used.

(2) An application under subregulation (1) shall be accompanied by a fee specified in Schedule 2.

(3) Where the Authority is satisfied that the operator is competent to carry dangerous goods safely and meets the requirements of these Regulations, it shall on payment of a fee specified in Schedule 2, issue the operator with an approval to carry dangerous goods as set out in Form 4 of Schedule 1, subject to such conditions as the Authority may think fit.

(4) An operator who violates any condition to which the approval is issued, commits an offence and is liable to a fine not exceeding P10 000, or imprisonment for a term not exceeding two years, or to both.

(5) An operator who provides false or forged information on an application under subregulation (1) commits an offence and is liable to a fine not exceeding P30 000, or imprisonment for a term not exceeding six years, or to both.

(6) An approval to carry dangerous goods shall be valid for a period stipulated in the approval document.

(7) Notwithstanding subregulation (6), an operator can apply for extension of the validity of their approval to carry dangerous goods, provided it is for the same consignment, by filling in the applicable parts in Form 3 set out in Schedule 1.

7. Renewal of certificate to carry dangerous goods

(1) A certificate to carry dangerous goods may be renewed by filling in the applicable parts in Form 1 set out in Schedule 1 for a further period of 12 months from the date of its expiry:

Provided that the applicant meets the requirements of these Regulations.

(2) An application for renewal in terms of subregulation (1) shall be—

(a) made at least 30 days before the expiry of the certificate; and

(b) accompanied by a renewal fee specified in Schedule 2.

(3) Where an application complies with subregulation (2), the Authority shall issue a new certificate to carry dangerous goods in Form 2 of Schedule 1 and shall attach any conditions to the renewal as it may consider necessary.

(4) The Authority shall refuse to renew a certificate where—

(a) the conditions of the certificate have not been complied with;

(b) the provisions of these Regulations have not been complied with;

(d) it is in the public interest not to renew the certificate.

8. Issue of duplicate certificate

(1) An operator whose certificate to carry dangerous goods is lost, destroyed or mutilated shall, by application made to the Authority, and on payment of a fee specified in Schedule 2, obtain a duplicate certificate.

(2) Where a certificate which has been lost and replaced is recovered, the operator shall immediately return the duplicate certificate to the Authority.

9. Revocation of certificate or approval to carry dangerous goods

The Authority shall revoke a certificate or an approval to carry dangerous goods where after any time the certificate or an approval to carry dangerous goods has been issued, the operator violates any of the conditions imposed by the Authority, and such operator shall return to the Authority, the certificate or approval to carry dangerous goods.

10. Variation of certificate to carry dangerous goods

(1) Any operator who wishes to have his or her certificate to carry dangerous goods varied shall apply to the Authority by filling out the applicable parts in Form 1 set out in Schedule 1 giving reasons why a variation is required.

(2) Where the Authority determines that safety in commercial air transport and the public interest allows for a variation, the Authority shall vary the operators certificate to carry dangerous goods.

(3) An application for variation shall be made at least 30 days prior to the intended date of any operation under that variation accompanied by a variation fee specified in Schedule 2.

11. Validation of foreign certificate or approval

(1) The Authority shall on application by a foreign operator, validate a foreign certificate or an approval issued in the handling of dangerous goods to be conveyed by air, where the holder of such foreign certificate submits documentary proof that—

(a) the foreign certificate has been obtained from an appropriate Civil Aviation Authority; and

(b) the dangerous goods transport document complies with the Technical Instructions.

(2) The Authority of the operator shall take the necessary measures to ensure that when an operator adopts more restrictive requirements than those specified in the Technical Instructions, the notification of such operator variations is made to the International Civil Aviation Organisation (ICAO) for publication in the Technical Instructions.

12. Prohibition of carriage of dangerous goods

(1) Subject to subregulations (2) and (3), a person shall not—

(a) deliver or cause to be delivered for carriage in; or

(b) carry or load or cause to be carried in, an aircraft any dangerous goods which he or she knows, ought to know or suspects to be goods capable of posing risk to the health and safety of any person, property or any damage to the environment when carried by air.

(2) Notwithstanding subregulation (1), dangerous goods shall be delivered or caused to be delivered for carriage by air or be carried or loaded on board an aircraft where they are—

(a) for the proper navigation or safety offlight;

(b) to provide, during flight, medical aid to a patient;

(d) to provide, during flight, aid in connection with search and rescue operations;

(e) permitted for carriage by passengers or crew members; or

(f) intended for use or sale during the flight.

(3) The dangerous goods specified in subregulation (2) shall be carried in an aircraft provided they comply with Part 8 and the applicable provisions in the Technical Instructions, and with the following—

(a) the goods specified in subregulation (2)(a) shall only be carried if—

(i) they are required to be carried on an aircraft by or under these Regulations or are otherwise intended for use on an aircraft for the purpose of the good order of the flight in accordance with the normal practice whether or not, in either case, such goods are required to be carried or intended to be used on that particular flight, or

(ii) they are intended as replacements or have been removed for replacement, and they comply with applicable provisions of Part 1 of the Technical Instructions;

(b) the goods specified in subregulation (2)(b) and (c) shall only be carried if—

(i) they shall be required for use during the flight,

(ii) they are or shall be required for use during a subsequent flight by the same aircraft and it may not be practicable to load the goods onto the aircraft in the intervening period before the commencement of that subsequent flight, or

(iii) they were used or might have been required for use during a previous flight by the same aircraft and it has not been practicable to unload them from the aircraft since that flight;

(c) the goods specified in subregulation (2)(e) shall be carried by passengers or crew members if they comply with the provisions of Part 8 of the Technical Instructions; and

(d) the goods specified in subregulation (2)(f) shall be carried if the Technical Instructions identify them as being items for sale or use during a flight, or are intended as replacements for such items or have been removed for replacement, they are carried in accordance with Part 1 of the Technical Instructions.

PART III
Operators Obligations (regs 13-21A)

13. Provision of information by operator to crew, etc.

(1) An operator of an aircraft flying for the purposes of commercial air transport shall ensure that all appropriate manuals, including the operations manual contain information about dangerous goods carried on the aircraft so that ground staff and crew members can carry out their responsibilities in regard to the carriage of dangerous goods, and the action to be taken in the event of any emergency involving dangerous goods, and where applicable the information should also be given to the handling agent.

(2) An operator of an aircraft in which dangerous goods are to be carried as cargo shall provide or cause to be provided to the pilot-in-command of the aircraft, before the flight begins—

(a) written information about the dangerous goods as specified in the applicable provisions of Part 7 of the Technical Instructions; and

(b) information for use in responding to an in-flight emergency as specified in the applicable provisions of Part 7 of the Technical Instructions.

(3) An operator of an aircraft which is involved—

(a) in an accident whilst carrying any dangerous goods as cargo on the aircraft; or

(b) in a serious incident in which, in the reasonable opinion of the operator, dangerous goods carried as cargo on the aircraft may be involved,

shall notify the Authority and a police officer for the area where the accident or serious incident occurred.

14. Acceptance of dangerous goods by operator

(1) An operator of an aircraft in which dangerous goods are to be carried as cargo, shall ensure that no package, overpack or freight container which contains dangerous goods is accepted for carriage in an aircraft until such package, overpack or freight container has been inspected to determine that the—

(a) dangerous goods are not forbidden for carriage by air in any circumstance by the provisions of the Technical Instructions;

(b) dangerous goods are classified and packed as required by the Technical Instructions;

(c) the package, overpack or freight container marked and labelled in accordance with the provisions of Chapters 2 and 3 of Part 5 of the Technical Instructions;

(d) the package, overpack or freight container is not leaking or damaged before being loaded on an aircraft or placed in a unit load device; and

(da) an article or substance that has been specifically identified by name or by generic description in the Technical Instructions as being forbidden for transport by air under any circumstances shall not be carried on any aircraft.

(2) Unless otherwise provided for in the Technical Instructions, an operator of an aircraft in which dangerous goods are to be carried shall ensure that no package, overpack or freight container which contains dangerous goods is accepted for carriage in that aircraft unless it is accompanied by a dangerous goods transport document, and shall inspect such document to ensure that it complies with the Technical Instructions.

(3) An inspection under subregulation (2), shall be in accordance with an acceptance checklist, in Form 5 set out in Schedule 1, and the result of such inspection shall be recorded.

15. Exemption

(1) The Minister shall, upon application by an operator or a shipper, and on payment of a fee specified in Schedule 2, exempt the operator or shipper from regulation 14(1)(a) where—

(a) there is extreme urgency;

(b) other forms of conveyance are inappropriate; or

(2) The dangerous goods exempted in regulation 14 shall be forbidden on an aircraft unless—

(a) exempted by the Minister under these Regulations; or

(b) the provisions of the Technical Instructions indicate that they may be transported under an approval granted by the State of Origin.

(3) The Minister shall exempt an operator or shipper from the provisions of the Technical Instructions where in all instances, the operator or shipper has made every effort to achieve an overall level of safety in transport of the dangerous goods which is equivalent to the level of safety provided for in the Technical Instructions.

(4) Where the Minister grants an exemption for a period exceeding 90 days, the Authority shall, within 30 days from the date on which the exemption was granted, publish the full particulars of such exemption in the Gazette.

(5) For the State of Overflight, if none of the criteria for granting an exemption is relevant, an exemption may be granted based solely on whether it is believed that an equivalent level of safety in air transport has been achieved.

16. Method of loading by operator

(1) An operator of an aircraft in which dangerous goods are to be carried as cargo shall ensure that dangerous goods are not carried in any compartment occupied by passengers or on the flight deck, except where permissible under Part 7 of the Technical Instructions.

(2) An operator of an aircraft in which dangerous goods are to be carried shall ensure that any package, overpack or freight container which contains dangerous goods is loaded, segregated, stowed and secured on an aircraft in Chapter 2 of Part 7 of the Technical Instructions.

(3) An operator of an aircraft in which dangerous goods are to be carried shall ensure that any package, overpack or freight container bearing an indication that they can only be carried on a cargo aircraft are loaded and stowed in accordance with Part 7 of the Technical Instructions and are not loaded on an aircraft carrying passengers.

(4) An operator of an aircraft in which radioactive materials are to be carried as cargo shall ensure that the radioactive materials are loaded and stowed in freight containers in accordance with Part 2 of the Technical Instructions.

16A. Packaging

(1) A package used for the transportation of dangerous goods by air shall—

(a) be of good quality and shall be constructed and securely closed so as to prevent leakage which might be caused in normal conditions of transport, by changes in temperature, humidity, pressure or by vibration;

(b) be suitable for the contents, and packaging in direct contact with dangerous goods shall be resistant to any chemical or other action of such goods;

(d) be tested in accordance with the provisions of the Technical Instructions.

(2) A package for which retention of a liquid is a basic function, shall be capable of withstanding, without leaking, the pressure stated in the Technical Instructions.

(3) An inner package shall be packed, secured or cushioned so as to prevent any breakage or leakage and to control their movement within the outer package during normal conditions of air transport.

(4) A package shall not be reused until it has been inspected and cleared from any corrosion or other damage.

(5) Where a package is reused, all necessary measures shall be taken to prevent contamination of subsequent contents.

(6) A package which is unclean and empty and which by the nature of its former contents may present a hazard, shall be tightly closed and treated according to the hazard it constitutes.

(7) A person responsible for packaging dangerous goods for transportation by air shall ensure that no harmful quantity of dangerous substance adheres to the outside of the package.

16B. Labelling and marking

Unless otherwise provided for in the Technical Instructions—

(a) each package of dangerous goods shall be labelled with the appropriate labels and in accordance with the provisions set out in the Technical Instructions;

(b) each package of dangerous goods shall be marked with the proper shipping name of its contents; and

(c) each packaging of dangerous goods manufactured to a specification contained in the Technical Instructions shall be so marked in accordance with the appropriate provisions of those Technical Instructions and no packaging shall be marked with a packaging specification marking unless it meets the appropriate packaging specification contained in the Technical Instructions.

17. Inspections by operator for damage, leakage or contamination

(1) An operator of an aircraft in which dangerous goods are to be carried shall ensure that a unit load device containing dangerous goods is not loaded unless it has been inspected and is free from any evidence of leakage or damage to the packages, overpacks or freight containers contained in it.

(2) An operator of an aircraft in which dangerous goods are to be carried shall ensure that any package, overpack or freight container which contains dangerous goods and is leaking or damaged in an aircraft is removed and that other cargo or baggage loaded on that aircraft is in a fit state for carriage by air and is not contaminated.

(3) An operator of an aircraft in which dangerous goods are carried as cargo shall ensure after unloading that all packages, overpacks or freight containers which contain dangerous goods are inspected for signs of damage or leakage, and if there is such evidence, shall ensure that any part of the aircraft where the package, overpack or freight container was stowed or any sling or other apparatus which has been used to suspend goods beneath the aircraft is inspected for damage or contamination and shall record the event and report it as an incident.

18. Separation of dangerous goods

(1) A package containing dangerous goods which might react dangerously with other dangerous goods shall not be stowed on an aircraft next to each other or in a position that would allow interaction between them in the event of leakage.

(2) A package of a toxic and infectious substance shall be stowed on an aircraft in accordance with the provisions of the Technical Instructions.

(3) A package of a radioactive material shall be stowed on an aircraft so that it is separated from persons, live animals and undeveloped film, in accordance with the provisions in the Technical Instructions.

18A. Securing of dangerous goods

(1) Where dangerous goods are loaded in an aircraft, the operator shall—

(a) protect the dangerous goods from being damaged; and

(b) secure such goods in the aircraft in such a manner that will prevent any movement in flight which would change the orientation of the packages.

(2) An operator shall, where a package contains radioactive materials, adequately secure the radioactive material to ensure that the separation requirements of regulation 18(3) are met at all times.

18B. Removal of contamination

(1) An operator of an aircraft in which dangerous goods are carried shall ensure that any hazardous contamination found on an aircraft as a result of leakage or damage to dangerous goods is removed without delay.

(2) An aircraft which has been contaminated by radioactive materials shall immediately be taken out of service and not returned to service until the radiation level at any accessible surface and the non-fixed contamination are not more than the values specified in the Technical Instructions.

(3) An operator who contravenes subregulation (1) commits an offence and is liable to a fine not exceeding P5000 000, or imprisonment for a term not exceeding 10 years, or to both.

19. Provision of information and training programmes

(1) An operator of an aircraft in which dangerous goods are to be carried shall provide the pilot-in-command as early as practicable before the departure of the aircraft with written information as specified in the Technical Instructions.

(2) An operator of an aircraft or any agent thereof shall inform any of his or her employees whose duties include a function connected with the carriage of passengers or cargo by air of the Technical Instructions, and shall for this purpose establish and undertake training programmes as required by Chapter 4 of Part 1 of the Technical Instructions, which shall be submitted to the Authority for approval.

(2A) An operator shall provide—

(a) information in the Operations Manual to enable the flight crew to carry out its responsibilities in regard to the transportation of dangerous goods; and

(b) instructions as to the action to be taken in the event of emergencies involving dangerous goods.

(2B) A shipper and any agent of the shipper shall ensure that before a consignment of dangerous goods is offered to him or her for carriage by air, a person involved in its preparation has received training as specified in Chapter 4 of Part 1 of the Technical Instructions, to enable the person to carry out their responsibilities in regard to carriage of dangerous goods by air.

20. Provision of information to passengers

(1) An airport operator or operator of an aircraft flying the purpose of commercial air transport of passengers or his or her agent shall ensure that persons who are or may become passengers are warned about the type of dangerous goods which are forbidden from being carried on an aircraft as checked baggage or carry-on luggage—

(a) by displaying notices sufficient in number and prominence for this purpose at—

(i) the places at an airport and outside the airport where tickets are issued,

(ii) the areas at an airport maintained to assemble passengers to board an aircraft,

(iii) any place where flight accommodation is offered, and

(iv) any location where a passenger may be checked in; and

(b) by providing information with each passenger ticket or some other appropriate means, sufficient in prominence for this purpose.

(2) An airport operator or operator of an aircraft flying for purposes of commercial air transport who fails to provide information required under subregulation (1) commits an offence and is liable to a fine not exceeding P5 000 or imprisonment for a term not exceeding one year, or to both and a fine of P1 000 for each day that the offence continues.

21. Provision of information in respect of cargo

(1) An operator of an aircraft in which cargo is to be carried and any agent thereof shall ensure that notices giving information about the carriage of dangerous goods are displayed in sufficient number and prominence for this purpose at places where cargo is accepted for carriage.

(1A) An operator, a shipper or any other organisation involved in the transportation of dangerous goods by air shall provide—

(a) information to his or her personnel to enable him or her to carry out his or her responsibilities in regard to the transportation of dangerous goods; and

(b) instructions as to the action to be taken in the event of emergencies arising involving dangerous goods.

(2) An operator who fails to provide information in the manner specified under subregulation (1) commits an offence and is liable to a fine not exceeding P5 000 or imprisonment for a term not exceeding six years, or to both and a fine of P1 000 for each day that the offence continues.

21A. Dangerous goods by mail

(1) The Authority shall establish procedures to control the introduction of dangerous goods into air transport, which shall be subject to the conditions stated in the Communication Regulatory Authority Act (Cap. 72:03), a person shall not transport dangerous goods into air transport through its postal services.

(2) Where the Authority determines the need to carry out oversight on handling of dangerous goods transported by post, the Authority shall require that the Agency responsible for postal services complies with the requirements specified in these Regulations and in the Technical Instructions.

PART IV
Shippers Responsibilities (regs 22-24B)

22. Shippers responsibilities

A shipper shall, before consigning any dangerous goods for carriage by air, ensure that—

(a) the goods are not the type forbidden for carriage by under Part 1 of the Technical Instructions;

(b) if the goods the type forbidden for carriage by air without approval, all such approvals are obtained from the Authority where the Technical Instructions indicate that it is the responsibility of the shipper to obtain them;

(c) the goods are classified in accordance with classification criteria contained in Part 2 of the Technical Instructions;

(d) the goods are packed in accordance with Part 1, Part 2, Chapters 2 and 3, Part 3 and Part 4 of Technical Instructions, and the packaging used is in accordance with these provisions and Part 6 of the Technical Instructions as applicable to those goods;

(e) the package is marked and labelled in English in addition to any other language required by the State of Origin as specified for those goods under Part 3, Chapters 2 and 3 of Part 5 and Chapter 2 of Part 6 of the Technical Instructions;

(f) the package is in a fit condition for carriage by air; and

(g) when one or more packages are placed in an overpack, the overpack only contains packages of goods permissible to be carried by Part 5 of the Technical Instructions and the overpack is marked and labelled in accordance with Part 5 of the Technical Instructions.

23. Dangerous goods transport document

(1) A shipper shall, before consigning any dangerous goods for carriage by air, ensure that the dangerous goods transport document—

(a) is completed in English in addition to any other language required by the State of Origin in accordance with Part 5 of the Technical Instructions; and

(b) contains a declaration signed by or on behalf of the shipper in Form 6 set out in Schedule 1, stating that the Technical Instructions have been complied with and that the dangerous goods are—

(i) fully and accurately described,

(ii) correctly classified, packed, marked and labelled, and (iii) in proper condition for carriage by air.

(2) A shipper shall ensure that an operator of the aircraft is furnished with the dangerous goods transport document required by subregulation (1) and such other documents in respect of dangerous goods as are required by Part 4 and Part 5 of the Technical Instructions.

23A. Aircraft accident and incident

(1) In the event of an aircraft accident or a serious incident where dangerous goods carried as cargo may be involved, the operator of the aircraft shall—

(a) provide information, without delay, to emergency services responding to the accident or serious incident about the dangerous goods on board, as shown on the written information to the pilot-in-command;

(b) provide the information in paragraph (a) to the appropriate authorities of the State of the Operator and the State in which the accident or serious incident occurred; and

(c) if requested to do so, provide information without delay, to emergency services responding to the incident and to the appropriate authority of the State in which the accident or serious incident occurred, about the dangerous goods on board, as shown on the written information to the pilot-in-command.

(2) The Authority shall establish procedures for investigating and compiling information and reports concerning accidents and incidents which—

(i) occur in its territory, and

(ii) involve the transport of dangerous goods originating in or destined for another State, for the purpose of preventing recurrence of dangerous goods accidents and incidents.

(3) The reports described in subregulation (2) shall be made in accordance with the detailed provisions of the Technical Instructions.

(4) Each contracting State shall establish procedures for investigating and compiling information concerning such accidents and incidents which occur in its territory other than those described in subregulation (2), which reports shall be made in accordance with the detailed provisions of the Technical Instructions.

(5) The Authority shall establish procedures for investigating and compiling information concerning instances of undeclared or misdirected dangerous goods in cargo which—

(a) occur in its territory; and

(b) involve the transport of dangerous goods originating in or destined for another State, for the purpose of preventing the recurrence of such instances.

(6) The reports described in subregulation (2) shall be made in accordance with the detailed provisions of the Technical Instructions.

24. Provision of training

A shipper and any agent thereof shall ensure that before consignment of dangerous goods is offered to him or her for carriage by air, any person involved in its preparation has received training as specified in Chapter 4 of Part 1 of the Technical Instructions, to enable the person to carry out their responsibilities with regard to carriage of dangerous goods by air.

24A. Establishment of training programmes

Dangerous goods training programmes shall be established and updated as provided for in the Technical Instructions.

24B. Approval of training programmes

The Authority shall approve dangerous goods training programmes for—

(a) operators;

(b) designated postal operators; and

PART V
Documents, Records and Enforcement Powers (regs 25-27A)

25. Keeping of documents and records

(1) An operator of an aircraft carrying dangerous goods as cargo shall ensure that the written information to the pilot-in-command required by regulation 19(1) a copy of the dangerous goods transport document required by regulation 23(2) and kept and are accessible until after the period of the flight on which dangerous goods were carried.

(2) An operator of an aircraft carrying dangerous goods shall preserve for a period of not less than three months—

(a) the written information to the pilot-in-command as required by regulation 19(1);

(b) any dangerous goods transport document or other document in respect of dangerous goods which has been furnished to him or her by the shipper in accordance with regulation 23(2); and

(3) The record referred to in subregulation 2(b) shall be in a legible form.

(4) An operator who fails to preserve records in the manner specified under subregulation (2) commits an offence and is liable to a fine not exceeding P5 000 000, or imprisonment for a term not exceeding 10 years, or to both.

26. Production of documents and records

(1) An operator of an aircraft on which dangerous goods are to be or have been carried and any agent thereof shall, within a reasonable time after being requested to do so by an authorised person, produce or cause to be produced to that person the following documents as may have been requested by that person—

(a) the written approval referred to in regulation 6(3);

(b) a copy of the written information provided to the pilot-in-command of the aircraft in respect of any dangerous goods referred to in regulation 19(1);

(c) the dangerous goods transport document, or other document in respect of dangerous goods referred to in regulation 23(2); and

(d) the completed acceptance checklist in a legible form in respect of any dangerous goods, referred to in regulation 15(4).

(2) An operator of an aircraft, shipper and any agent thereof shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person any document which relates to goods which the authorised person has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of these Regulations have not been complied with.

(2A) The Minister may extend the period of 60 days provided in subregulation (3) even where that period has expired.

(3) An operator, shipper and any agent thereof who fails without reasonable excuse to produce documents referred to under subregulation (1) when requested to do so, commits an offence and is liable to a fine not exceeding P5 000 000, or imprisonment for a term not exceeding 10 years, or to both.

(4) The Authority may authorise, in writing, any person to inspect and make a copy of any certificate or approval or record required to be kept under these Regulations.

27. Power of seizure and examination

(1) An authorised person shall examine, take samples of, and seize any goods which he or she has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of these Regulations have not been complied with.

(2) An authorised person shall open or require to be opened any baggage or package which he or she has reasonable grounds to suspect may contain dangerous goods in respect of which the provisions of these Regulations have not been complied with.

(3) Subject to subregulation (6), any sample taken or goods seized by the authorised person under this regulation shall be retained or kept for as long as the Authority considers it necessary in all circumstances for forensic examination, for investigation in connection with an offence or for use as evidence at a trial for an offence and shall be disposed of in such manner as the Authority considers appropriate.

(4) A person from whom any goods have been seized shall make an application in writing accompanied by evidence of ownership, to the Authority to have the goods released to him or her.

(5) Where the Authority is satisfied that—

(a) the goods seized were not dangerous goods;

(b) the applicant is the owner of the goods seized; and

the Authority shall arrange for the goods concerned to be released to the applicant.

(6) Where further retention of the goods is, in the opinion of the Authority, no longer necessary, and no application has been made under subregulation (4), or any such application has not been successful, the goods shall be destroyed or otherwise disposed of in accordance with the directions of the Authority.

27A. Compliance and enforcement

(1) An operator shall establish inspection, surveillance and enforcement procedures for all entities performing any function for air transport of dangerous goods with a view to achieve compliance with these Regulations.

(2) The Authority shall oversee the established inspection, surveillance and enforcement procedures established by an operator.

PART VI
General (regs 28-30)

28. Occurrence reporting

(1) A local operator shall ensure that any dangerous goods accident, dangerous goods incident or the finding of undeclared or mis-declared dangerous goods in cargo or passengers baggage, wherever it occurs, is reported to the Authority in Form 7 set out in the First Schedule.

(2) A foreign operator shall ensure that any dangerous goods accident, dangerous goods incident or the finding of undeclared or mis-declared dangerous goods in cargo or passengers baggage, which occurred in Botswana, is reported to the Authority.

(3) A report required under subregulations (1) and (2) shall contain such of the following information as is appropriate to the occurrence—

(a) the date and location of the occurrence;

(b) the flight number and flight date;

(d) the proper shipping name, including the technical name if applicable;

(e) the UN or ID number;

(f) the class or division in accordance with the Technical Instructions and any subsidiary risks;

(g) the type of packaging and packaging specification marking;

(h) the quantity of dangerous goods;

(i) the name and address of the shipper or passenger;

(j) the suspected cause of the occurrence, action taken and any other action taken;

(k) the name, title, address and contact number of the reporter; and

(l) any other relevant details.

(4) A report referred to in subregulation (3) shall be in writing, or such other form as the Authority may approve provided that it is confirmed in writing within 24 hours by the person making the report, and shall be delivered to the Authority by the quickest available means within 72 hours of the occurrence coming to the knowledge of the reporter.

(5) An operator who fails to report a dangerous goods accident, dangerous goods incident or the finding of undeclared or mis-declared dangerous goods commits an offence and is liable to a fine not exceeding P5 000 000, or imprisonment for a term not exceeding 10 years, or to both.

29. Pilot-in-command’s duty to inform air traffic services

(1) A pilot-in-command of an aircraft carrying dangerous goods as cargo shall, in the event of an in-flight emergency and as soon as the situation permits, inform the appropriate air traffic services unit of those dangerous goods in detail or as a summary or by reference to the location from where the detailed information can be obtained immediately.

(2) A pilot-in-command who fails in the event of an in-flight emergency, without reasonable excuse, to inform air traffic services unit of dangerous goods carried as cargo commits an offence and shall be liable to a fine not exceeding P5 000, or imprisonment for a term not exceeding one year, or to both.

29A. Dangerous goods security provisions

(1) An operator shall establish dangerous goods security measures applicable to an operator or a shipper, and any person engaged in the transportation of dangerous goods by air, to be taken to minimise theft or misuse of dangerous goods that endangers a person, property or the environment.

(2) The measures referred to under subregulation (1) shall be made in accordance with the security provisions specified in other Civil Aviation (Security) Regulations (Cap. 71:01 (Sub. Leg.)) and the Technical lnstructions.

29B. Enforcement

The Authority shall carry out regular and random inspections of all entities involved in the transport of dangerous goods to confirm compliance as well as notifying ICAO of a designated and appropriate authority within its administration to be responsible for ensuring compliance with these Regulations.

30. Flying for agricultural, horticultural, forestry, etc.

Subject to the provisions of regulation 6(1), nothing contained in these Regulations shall apply to any aircraft flying solely for the purpose of agriculture, horticulture, forestry or pollution control.

SCHEDULE 1

Form 1
APPLICATION FOR CERTIFICATE TO CARRY DANGEROUS GOODS

(regs. 5(1), 7(1) and 10)

Please tick where applicable

Initial Renewal Variation

I. Applicant Information:

Airline/Operator Name:……………………………………………………………………………………..

Full Address:………………………………………………..

Tel. No:. …………………………………………… Fax No.: …………………………………………….

E-mail : ………………………………………………………. Web:……………………………………….

II. Aircraft to be used (attach separate paper if necessary)

Aircraft type: Registration Marks Maximum All Up Weight

III. Applicant Undertaking:

We/ I undertake the following:

1. To train and maintain competency of personnel handling Dangerous Goods in accordance with the Civil Aviation (Dangerous Goods) Regulations.

2. To ensure that the goods will be packed, marked, labelled and handled in accordance with ICAO Annex 18: Safe Transport of Dangerous Goods by Air, and the requirements of the ICAO Technical Instructions.

3. To ensure that required Dangerous Goods Procedures, including Reporting of occurrences and Accidents/ Incidents, are complied with in accordance with the Civil Aviation (Dangerous Goods) Regulations and the Civil Aviation (Air Operator Certification and Administration) Regulations.

Authorised Signature: …………………………………………………………………………….. Date:

Name and Title:……………………………………………………………………………………………..

FOR CAAB USE ONLY

The above application is hereby approved from:………………………. to ………………………….

on condition that the provisions of ICAO Technical Instructions and the Civil Aviation (Dangerous Goods) Regulations are complied with.

Authorised Signature: …………………………………………

Date : ………………………………………………. Stamp: ………………………………………………

Notes on Completion of the Form:……………………………………………………………………….

1. The Operator (Airline) is required to complete the form providing all details in BLOCK PRINT.

2. The completed application (original form) must be delivered to the Civil Aviation Authority of Botswana:

3. Operator (Airline) must ensure that the goods are within the limitations of the Dangerous Goods Regulations and are packed, marked, labelled and documented in accordance with the Technical Instructions.

Form 2
CERTIFICATE FOR THE CARRIAGE OF DANGEROUS GOODS BY AIR

(reg. 5(3))

This is to certify that:

[OPERATOR]

has satisfactorily complied with all the requirements stipulated in the Civil Aviation (Dangerous Goods) Regulations of Botswana and the Standards contained in the Annex 18 to the Convention on International Civil Aviation and its Technical Instructions in respect of the carriage of Dangerous Goods by Air. Hence [ ] has been authorised to handle / transport Dangerous Goods by Air into, out of, over or within Botswana.

This Certificate remains valid for a period of [ ] from the date of issue unless sooner suspended, revoked or withdrawn.

The validity of this certificate is dependent on the certificate holders continued compliance with the initial certification requirements.

Date

_______________________

Signature

_______________________

Civil Aviation Authority of Botswana

Form 3
APPLICATION FOR AN APPROVAL TO CARRY DANGEROUS GOODS BY AIR

(regs. 6(2) and 6(7))

Initial Application: Extension:

PART A – THE DANGEROUS GOODS
Proper Shipping Name, include technical name for n.o.s entries	UN Number	Hazard Class/ Division (subsidiary classes in brackets)	Packing Group	NEQ (Class 1) or TI (Class 7)	Packing Instruction Used (if applicable)	Quantity per Package and Number of Packages




How does the proposed shipment not comply with the ICAO Annex 18 and the ICAO Technical Instructions, or for which Special Provision, is approval/exemption being sought? Give full details
Is UN approved packing material being used – is it applicable to these dangerous goods?What remedial packing/ modification is proposed to achieve an equivalent level of safety?
Why are other modes of transport impractical? Why is it essential that the article/substance be carried by air? How is carriage in the public interest?
Are there any special handling requirements or special emergency response information? Attach a copy if necessary.

PART B – THE CONSIGNOR or SHIPPER Complete all details and sign where indicated.

Applicants name – please provide Legal Entity and Trading Name if necessary.

Contact person (if different from above):

Address:

Tel:

Email:

Who is responsible for packing the dangerous goods?

Do the people responsible hold a current and valid dangerous goods training certificate?

Yes No

If Yes, give details of training organisation and date of training or attach a copy of their qualification.

Aircraft type: ……………………………… Registration Marks: ………………………………………………………………..

Aircraft Category: Cargo Only: Cargo and Passenger: Aerial Work:

Point/country of departure: …………………………………….. Point/country of Destination:……………………………………………

Point/country of Transit: ………………………………. Point/country of Over flight: ……………………………………….

Anticipated start date: ……………………………………….. Anticipated end date: …………………………………………

FOR CAAB USE ONLY

The above application is hereby approved from: to

on condition that the provisions of ICAO Technical Instructions and the Civil Aviation (Dangerous Goods) Regulations are complied with.

Authorised Signature: ……………………………………………………….

Date : ……………………………………………………………. Stamp:

Notes on Completion of the Form:

1. The Operator (Airline) is required to complete the form providing all details in BLOCK PRINT.

2. The completed application (original form) must be delivered to the Civil Aviation Authority of Botswana.

3. The Operator (Airline) must ensure that the goods are within the limitations of the Dangerous Goods Regulations and are packed, marked, labelled and documented in accordance with the Technical Instructions.

Form 4
APPROVAL FOR THE CARRIAGE OF DANGEROUS GOODS BY AIR

(reg. 6(3))

This is to certify that,

[OPERATOR]

[ ] is authorised to transport the following Dangerous Goods by Air into, out of, over or within Botswana:

……………………………………………………………………………………………………………………………….

On the following flight(s):

……………………………………………………………………………………………………………………………….

has satisfactorily complied with all the requirements stipulated in the Civil Aviation (Dangerous Goods) Regulations of Botswana and the Standards contained in the Annex 18 to the Convention on International Civil Aviation and its Technical Instructions in respect of carriage of Dangerous Goods by Air. Hence [ ] has been authorised to handle/ transport Dangerous Goods by Air into, out of, over or within Botswana.

This Approval remains valid until the completion of the intended carriage but not later than one month from the date of issue.

Conditions applicable (if any);

The validity of this approval is dependent on the approval holders continued compliance with the initial certification requirements.

Date

…………………………………………………….
Signature

…………………………………………………….
Civil Aviation Authority of Botswana

Form 5
ACCEPTANCE CHECKLIST

(reg. 15(3))

ACCEPTANCE CHECKLIST FOR NON-RADIO ACTIVE SHIPMENT
This checklist is intended to verify shipment at origin.
Never accept or refuse a shipment before all items have been checked.
Is the following information correct for each entry? Tick the appropriate.
SHIPERS DECLARATION FOR DANGEROUS GOODS (DGD)	YES	NO	N/A
1. Two copies in English and in the IATA format
2. Full name and address of shipper and consignee
3. If the Air Way bill number is not shown, enter it
4. The number of pages shown
5. The non applicable aircraft type deleted
6. If full name of airport or city of departure and or destination is not entered, enter it
7. The word “Non-Radio Active” deleted
IDENTIFICATION
8. UN Number, preceded by prefix “UN”
9. Proper shipping name and the technical name in brackets for asterisked entries
10. Class or Division number, and for class 1, the compatibility group
11. Subsidiary risk in parentheses, immediately following class or division
12. Packing Group
QUANTITY AND TYPE OF PACKING
13. Number and Type of Packages
14. Quantity and unit of measure (Net or Gross followed by “G”, as applicable) within per package measure
15 .When different dangerous goods are packed in one outer packaging, the following rules are complied with:
– “All packed in one (type of packaging)”
– Calculating of “Q” value must not exceed 1
16. Overpack
– Wording “Overpack” used
PACKING INSTRUCTIONS
17. Packing instruction number

AUTHORISATIONS
18. Wording “Limited Quantity” or “Ltd. Qty.” if “Y” packing instruction is used
19. Confirm application of relevant special provisions, the Special Provisions number if A1, A2, A51, A81 or A109
20. Indication that governmental authorisation is attached, including a copy in English if any other language was used.
Additional approvals for other items

ADDITIONAL HANDLING INFORMATION
21. The mandatory statement shown for self-reactive and related substances of Division 4.1 and organic peroxides of Division 5.2 or samples thereof
22. Name and telephone number of a responsible person for Division 6.2 Infectious Substances shipment
23. The Air Transport statement included
24. Name and title (or Department) of signatory, place and date intended
25. Signature of shipper
26. Amendment or alteration signed by shipper
AIR WAYBILL – HANDLING INFORMATION
27. The statement : “Dangerous goods as per attached Shippers Declaration” or “Dangerous goods as per attached DGD”
28. “Cargo aircraft only” or “CAO” if applicable
29.Where non-dangerous goods are included, the number of dangerous goods shown
PACKAGE(S) AND OVERPACK
30. Packing conforms with packing instruction and is free from damage or leakage
31. Same number and types of packagings and overpack delivered as shown in the DGD
32. UN Specification packaging , marked according to the TIs
– Symbol and specification code
– X, Y or Z meets or exceeds packing group/packing instruction requirements
– Gross weight within limits (solids or inner packaging)
– Infectious substances package marking
33. The UN or ID number(s).

34. The proper shipping name(s) including technical name where required
35. The full name(s) and address(es) of shipper and consignees
36. The net quantity of explosives and gross weight of the package for Class 1 items
37. For consignments of one or more packages of Classes 2 to 6 and 8 the net quantity, or gross weight followed by “G”, as applicable, unless contents are identical, marked on the packages
38. Carbon Dioxide, Solid (Dry-ice), the net quantity marked on the packages
39. The name and telephone number of a responsible person for Division 6.2 Infectious Substances shipment
40. The Special Markings requirements shown for Packing Instructions
41. Limited Quantity packaging marked “LIMITED QUANTITY” or “LTD. QTY”
LABELLING
42. The label(s) identifying the Primary risk as identified in the TIs
43. The label(s) identifying the Subsidiary risk next to the Primary risk label(s) as identified in the TIs
44. Cargo Aircraft only label on the same surface NEAR THE Hazard Label(s)
45. “Orientation” label(s) if applicable
46. “Magnetized Material” label, if applicable
47. “Cryogenic Liquid” label(s) if applicable
48. “Keep away from Heat” label(s) if applicable
49. All above labels correctly affixed and all irrelevant marks and labels removed
FOR OVERPACKS
50. Packaging use markings and Hazard and Handling labels, as required must be clearly visible or reproduced on the outside of the overpack
51. The word “Overpack” marked if all markings and labels are not visible.
52. If more than one overpack is used, identification marks shown and total quantity of dangerous goods
53. “Cargo Aircraft Only” restrictions
GENERAL
54. State and Operator variations complied with
55. Cargo Aircraft Only shipments, a cargo aircraft operates on all sectors


Comments:






Checked by:

Place: ……………………………………. Signature:…………………………………….

Date: Time:
IF ANY BOX IS CHECKED “NO”, DO NOT ACCEPT THE SHIPMENT AND GIVE A DUPLICATE COPY OF THIS COMPLETED FORM TO THE SHIPPER.

Form 6
DECLARATION BY SHIPPER

(reg. 23(1)(b))

Shipper:	Air Waybill no.: Page …….. of …….. Pages
	Shippers reference No. (optional)
Consignee:	For optional use
	Company logo, name & address
Two completed and signed copies of this Declaration Form must be handed to the operator	WARNING
TRANSPORT DETAILS This shipment is within the limitations prescribed for (delete non-applicable)	Airport of Departure:	Failure to comply in all respects with the applicable Dangerous Goods Regulations may be in breach of t
Passenger and cargo aircraft	Cargo aircraft only
Airport of Destination:	Shipment type: (delete non-applicable)
Non- radioactive	Radioactive
NATURE AND QUANTITY OF DANGEROUS GOODS
UN or ID No.	Proper Shipping Name	Class or Division (subsidiary risk)	Packing Group	Quantity and Type of Packing	Packing Inst	Authorisation
Additional handling information:


I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, and are classified, packaged, marked and labelled/placarded, and are in all respects in proper condition for transport according to applicable International and National Governmental Regulations. I declare that all of the applicable air transport requirements have been met.	Name and Title of signatory:

Place and Date:

Signature: (see warning above)

Form 7
DANGEROUS GOODS ACCIDENT/INCIDENT REPORT

(reg. 28(1))

Tick type of occurrence	Accident……….	Incident……….	Other Occurrence………
Operator:	Date of Occurrence:	Local time of Occurrence:
Flight Date:	Flight Number:
Departure Airport:	Destination Airport:
Aircraft Type:	Aircraft Registration:
Location of Occurrence:	Origin of the Goods:
Description of the occurrence, including details of injury, damage, etc. (if necessary continue on the next page)
Proper Shipping Name (including the technical name):	UN/ID no.
Class/Division (when known):	Subsidiary risk:	Packing group:	Category, (class 7 only):
Type of packaging	Packing specification marking:	No. of packages:	Quantity (or transport index, if applicable):
Reference no. of Air Waybill:
Reference no. of courier pouch, baggage, tag or passenger ticket:
Name and address of shipper, agent, passenger, etc:
Other relevant information (including a suspected cause, any action taken):
Name and title of person reporting:	Telephone no.:
Company/dept. code, E-mail address:	Reporter Ref.:
Address:	Date and signature:

Description of the Occurrence (continuation):

Other relevant information (continuation):

Notes:

1. Any type of Dangerous Goods Occurrence must be reported, irrespective of whether the dangerous goods are contained in cargo, mail or baggage.

2. A dangerous goods accident is an occurrence associated with and related to the transport of dangerous goods which results in fatal or serious injury to a person or major property damage. For this purpose serious injury is an injury which is sustained by a person in an accident which:

a. Requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was received;

b. Results in a fracture of any bones (except simple fractures of fingers, toes, nose);

c. Involves lacerations which cause severe hemorrhage, nerve, muscle or tendon damage;

d. Involves injury to any internal organ;

e. Involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or

f. Involves verified exposure to infectious substances or injurious radiation. A dangerous goods accident may also be an aircraft accident; in which case the normal procedure for reporting of air accidents must be followed.

3. A dangerous goods incident is an occurrence, other than a dangerous goods accident, associated with and related to the transport of dangerous goods, not necessarily occurring on board an aircraft, which results in injury to a person, property damage, fire breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained. Any occurrence relating to the transport of dangerous goods which seriously jeopardises the aircraft or its occupants is also deemed to constitute a dangerous goods incident.

4. This form should also be used to report any occasion when undeclared ormis-declared dangerous goods are discovered in cargo or accompanied baggage or when accompanied baggage contains dangerous goods which passengers or crew are not permitted to take on board aircraft.

5. An initial report should be dispatched within 72 hours of the occurrence to the competent authority of the State (a) of the operator; and (b) in which the incident occurred, unless exceptional circumstances prevent this. The initial report may be made by any means but a written report should be sent to the Authority as soon as possible.

6. Copies of all relevant documents and any photographs should be attached to this report.

7. Any further information, or any information not included in the initial report must be sent as soon as possible to authorities identified in note 5 above.

8. Provided it is safe to do so, all dangerous goods, packagings, documents, etc. relating to the occurrence must be retained until after the initial report has been sent to the authorities identified in note 5 and they have indicated whether or not these should continue to be retained.

SCHEDULE 2

(regs. 5(2), 5(3), 6(2), 6(3), 7(2)(b), 8(1), 11 and 12)

No	Description	Fees (BWP)
1	Application for Certificate to carry Dangerous Goods:	250
	Initial application for Certificate to carry Dangerous	125
	Goods Application for renewal of Certificate to Carry Dangerous Goods	100
	Variation to Certificate to Carry Dangerous Goods

2	Certificate to Carry Dangerous Goods	15 for every 100kg or part thereof of the aggregate weight of all aircraft to be operated under the certificate
3	Variation to Certificate to carry Dangerous Goods	10 for every 100kg or part thereof of the aggregate weight of all aircraft to be operated under the certificate
4	Application for approval to carry Dangerous Goods Initial application for Approval to carry Dangerous Goods Application for extension of Approval to carry dangerous Goods	-nil- 125
5	Approval to Carry Dangerous Goods	250
6	Issuance of duplicate Certificate or Approval	125
7	Application for Validation of Foreign Certificate to Carry Dangerous Goods	250
8	Validation of Foreign Certificate to Carry Dangerous Goods	375
9	Application for Exemption to carry dangerous goods
10	Issuance of Exemption to carry Dangerous Goods

Notes:

1. Any type of Dangerous Goods Occurrence must be reported, irrespective of whether the dangerous goods are contained in cargo, mail or baggage.

2. A dangerous goods accident is an occurrence associated with and related to the transport of dangerous goods which results in fatal or serious injury to a person ormajor property damage. For this purpose serious injury is an injury which is sustained by a person in an accident which:

a. Requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was received;

b. Results in a fracture of any bones (except simple fractures of fingers, toes, nose);

c. Involves lacerations which cause severe hemorrhage, nerve, muscle or tendon damage;

d. Involves injury to any internal organ;

e. Involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or

3. A dangerous goods incident is an occurrence, other than a dangerous goods accident, associated with and related to the transport of dangerous goods, not necessarily occurring on board an aircraft, which results in injury to a person, property damage, fire breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained. Any occurrence relating to the transport of dangerous goods which seriously jeopardizes the aircraft or its occupants is also deemed to constitute a dangerous goods incident.

6. Copies of all relevant documents and any photographs should be attached to this report.

7. Any further information, or any information not included in the initial report must be sent as soon as possible to authorities identified in note 5 above.